New Albany & Salem Railroad v. Peterson

J.— Complaint by the appellee against the company for an injury to a lot belonging to the plainliff, causing a well thereon to be drained by the construction of the defendants’ road. Judgment for the plaintiff for 50 dollars.

The cause was submitted to the Court on the following agreed statement of facts: “It is agreed that the plaintiff is the owner in fee of the lot described, &c.; that the defendants, in the construction of their road under Uieir charter, caused the said well mentioned in the complaint to be drained, dried up, and the water diverted therefrom, by means of which the…